Tag: New York City Immigration Lawyer

For over 15 years of practicing the immigration law, we have encountered years wherein the H – 1B applications were filled up within the first day, and we’ve seen the H-1B visa program available throughout the entire year. Not only is every year different, in prior years the number of H – 1B has varied. Fortunately, for the last few years the number has remained at 85,000. Last year there were about 50% rejection rate based on a roughly 164,000 H-1B’s submitted. The question we are receiving from our clients is “Do we believe the percentage of rejection will be higher than 50%?” First off, those who have a Masters degree in the United States have an advantage of additional 20,000 H – 1B available to them, and if rejected, their H – 1B application gets move to the regular 65,000 available H – 1Bs. Therefore, our prediction is for the regular 65,000 H – 1Bs that are available by April 1, 2015 for an October 1st, 2015 start date. Based on the economy improving and the H – 1B applications that our clients have already submitted to us to prepare, we are estimating a 50% or 55% rejection rate. We hope that we are incorrect and that more H – 1Bs will be accepted but we have prepared our clients for this possible scenario.

Since only less than 50% of H-1B applicants were chosen this year for the lottery, there exist a dilemma of what to do next? Some applicants are able to apply for H-2B visas which are considered as seasonal visas. The applicants usually apply for an 11 month visa, and then have the option to file the application for H – 1B visa again in April 1, 2015. Depending on the circumstances of the company, the H – 2B will serve as a stop gap to allow the applicant another chance for the H – 1B lottery in 2015. Another option is an L-1A Multinational Executive Visa, and in some cases an L – 2B visa. Whether or not the applicant is eligible depends on the circumstances of the US company applying for him or her, and also the educational background and work experiences in their home country. In fact some applicants move to an F – 1 and take college courses, or even courses such as cooking, drawing or music classes while they wait to reapply in April 1, 2015 for the H – 1B lottery. Unfortunately, until Congress decides to increase the H – 1B visas per year to over 200,000, which was the case six years ago, applicants will have to find creative ways to stay in the United States while they wait to be chosen for the H – 1B lottery.

How does increasing H1-B visa Cap to 200,000 hurt the economy? The answer: It doesn’t. People who are against increasing the H-1B Visa program do not understand the world of outsourcing and the concept of indirect jobs. First off, the H-1B program requires that the employer pays the same wage or higher than what an American worker would be paid based on the Department of Labor wage evaluations. Next, with the 85,000 H-1B cap currently implemented, a majority of today’s US companies simply outsource the work to another country or set up another company in Europe or Asia or South America wherein they will be able to hire the foreign nationals which they initially wanted to work for their company in the United States. People who are against increasing the cap for The H-1B program are misguided, for they believe that limiting the number to 85,000 for the H1B program will force US companies to hire American citizens within the United States. This misguided belief may have been partially correct 30 years ago when there were no computers nor internet yet, but nowadays US companies are not restricted by National borders. Therefore, when employers are restricted by the US government from bringing in employees into the United States by the H-1B cap, all the potential tax revenues and indirect jobs that will be created by H-1B employees will also be lost.

With any prediction, one needs to look at the positive and the negative factors. First, The Republican leadership in the House of Representatives has promised to raise immigration reform in the 2014 agenda calendar. Second, the leadership in the Republican House of Representatives have stated that they are for a step-by-step progression that will result in some type of legal status for the 11 million illegal aliens in United States. Third, the business groups, specifically the chamber of Commerce and technology companies, are pushing for immigration reform and contributing over $100 million for comprehensive immigration reform. The money is going towards advertisement for to gain public support, and donations to the campaigns of Congressional Republicans who will support comprehensive immigration reform.

Representative Goodlatte’s option would have a better chance of passing as it would not need to be considered reforming the entire immigration laws in the United States. In fact, a similar provision was previously used in 2002. A bill was passed which basically stated that even if a person is illegal, but files an employment sponsorship application or family sponsorship application before April 30, 2001, they can receive legal status by showing proof of filing and completing the employment or family sponsorship requirements. For the last 10 years, immigration lawyers would always ask their clients, “Did you file anything with Department of Labor or US CIS before April 30, 2001?” If the answer was “yes” it would give the immigration attorney numerous options for getting permanent residency for their client. So Representative Goodlatte’s proposal would just basically bringing back an old law that was passed in 2002. It would appear less scary to the public than Comprehensive Immigration Reform, and may have a better chance of passing as the Republican Congress is wary of passing a huge confusing law. They need to make sure that immigration reform cannot be compared to the huge Health Care Law.

New York City Immigration Lawyer Andrew P. Johnson has proposed legislation to Congress, and has been interviewed regarding immigration law by New York Times, CBS, and New York Daily News.

Remember, focus on the Republicans in the House of Representatives. The only person in the House who really understand the intricacies of Immigration Law is Republican Representative Goodlatte. He is a former immigration attorney, and was quoted regarding another option to help illegal aliens if the compressive immigration law does not get passed.

What he means is that employment based sponsorship is presently barred for any person out of legal status, and marrying a US citizen is not possible if a person has present deportation order or entered without inspection. A law could be crafted that would allow these options available to illegal aliens while they get issued employment authorization. The benefits of this option will be discussed in Part 2.

New York City Immigration Lawyer Andrew P. Johnson has proposed legislation to Congress, and has been interviewed regarding immigration law by New York Times, CBS, and New York Daily News.

What can be done to revive the immigration reform law? Option 1: the Democrats will need to win the majority in the House and maintain the majority in the Senate in the 2014 elections. Option 2: the Democrats can stop bargaining about Border Security. There is section of American Public that is outraged how any person or party uses Border Security as bargaining chip. This section of the American Public believes every American should want Border Security. As long as the Republicans control the House, this part of the American Public will need to be partially satisfied with some Border Security effort.

Pro Immigrants groups will say that Republicans will never be satisfied about Border Security, and always ask for more. In addition, Pro Immigrants groups believe that the claim by Republicans for more Border Security is just an excuse to not vote for Immigration Reform. These arguments are partially true. However, the Republican Party is split on Immigration.

That is a fair question. The top concern the Republicans have was Border Security. What did the Democrats do in the Senate? They wrote an Immigration Reform Bill that was weak on Border Security. Moreover, during this six month negotiating time period, the Administration could have continued building the Southern Border Fence that was signed into Law by George Bush in 2006, and increase security measures on the Southern Border.

Simply stated, the White House and Democrats showed no good faith and basically wanted the Republicans to trust the present Administration to implement the vague Border Security Language. In addition, throughout the process, the White House and Democrats continually accused the Republicans of not caring about Latinos.

Not surprisingly, the Republicans did not agree to immigration reform.

So the White House and Democrats have failed the 11 million immigrants they claim to care so much about. What could they have done differently? Simple: show progress of Building the Fence that authorized and signed into law in 2006.

The 11 million illegal aliens do not care about open borders, if a secure Southern Border will get them some type legal status, ninety-nine percent of the illegal aliens would be begging for a Secure Southern Border. Instead, the Democrats and White House game plan is to accuse the Republicans of hating Latinos. It maybe good Politics, but it not going help a Republican held House to vote for Immigration Reform.

Texas Reps. John Carter and Sam Johnson announced in a joint statement Friday they were leaving the group of seven in the House that was going to propose a House version of Immigration Reform, saying they could not trust President Obama to enforce an immigration bill that might pass Congress.

Pro Immigrant groups’ strategies of calling the Republican Racist do not help their cause. The Republicans have the control in the House, and their Constituency is primarily white, and surprisingly, their constituency does not like the Race Card used when they have legitimate concerns regarding Border Security. Pro immigrants groups should pushing the White House to continue building the Fence on the Southern Border based on the Law passed in 2006 The pro-immigrant groups should be trying to get the votes of Republicans who believe in Securing the Border first before looking at immigration reform. These Republicans are not against passing immigration reform; they just want a good faith effort in Securing the Southern Border.